Thread by @LawBeatInd

#SupremeCourt will today hear a plea filed by the kin of the victim of #lakhimpurkheri violence seeking cancellation of prime accuse Ashish Mishra’s bail by Allahabad High Court.

On the last date of hearing, the #SupremeCourt informed that they had received a letter from Justice Rakesh Kumar Jain (Retd.), who has been appointed to monitor the investigation, recommending the cancellation of bail to Ashish Mishra.

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CS Panda, Counsel: I want the bail to be cancelled. The High Court has wrongly granted the bail. #lakhimpurkheri

CJI: Honestly say, what you want? We want to hear the matter

Jethmalani for UP: As far as merits are concerned, whatever we have said in HC, we stand by it. We have filed an filed an affidavit that the State government has provided extensive security. We have contacted all the witnesses, they said there is no threat to security

Dushyant Dave, Sr. Adv: It is our submission that the judgment is wrong. May I take the court through to the FIR filed, the English translation of the FIR does not reflect the correct version. The High Court has directed itself to irrelevant consideration.

Dave reads the FIR #lakhimpurkheri

Dave : The High Court says the allegation in the FIR is only killing by bullet assuming there was no bullet, completely ignoring that they were run over. FIR is not ultimate .

Dave: Ajay Mishra in a public speech threatened the farmers in a public speech. The DM and SP come there and they say this route will not be utilised. The accused use this route. #lakhimpurkheri

CJI: Forget about the merits, how can the learned judge go into all these issue. The question is prima facie whether the granted is correct or now. We don’t approve of such nonsensical arguments be made. The trial has not started. #lakhimpurkheri .

Dave: My submission is HC is completely wrong in concentrating on the bullet injury.

Surya Kant J: Were the victims heard?

@pbhushan1 : The counsel for the victims were not heard.

Surya Kant J: According to you victims were not heard.

Dave: There was no urgency to continue hearing without them

Dave: The Learned Judge completely over looks the fact that this court had taken suo Moto cognisance. There no mention of the word in the order.

Dave: With great respect to the high court. The court has committed manifest errors. #lakhimpurkheri

Dave refers to 2020 2 SCC 118 #lakhimpurkheri #SupremeCourt

Dave: The SIT has done an extensive investigation, the Ld. Judge does not even advert to that. I don’t understand the anxiety of the judge when there was so much on record. #lakhimpurkheri #SupremeCourtOfIndia

Dave : If this the evidence on record, where is the necessity for the judge to concentrate on bullet injury. The evidence clearly says they were run over. #lakhimpurkheri #SupremeCourtOfIndia

Dave: The SIT says there was clearly a pre determined plan here. They deliberately go in a road where crowd was going in the reverse direction, they deliberately drove at break neck speed. #lakhimpurkheri #SupremeCourt

Kumar: The FIR says there was a death due to a fire arm injury! That is why the judge went into the bullet injury

Kumar reads the status report #lakhimpurkheri #SupremeCourt

Kumar: The whole genesis of the occurrence is that there was a wrestling competition happening. There was a helipad made for him to arrive, the people wanted to protest at this place. So the route and the helipad were changed

CJI: We are worried about the way the High Court went into the merits.

Kumar: If the Supreme Court cancels the bail, who will grant me bail thereafter? This is the last court of resort. I am only arguing based on the information there before the court.

Kumar: I filed a bail application, no counter affidavit was filed by them. My friend was wrong in saying that they were not heard.

Kohli J: What was the hurry for you to file for bail?

Kumar: The CCTV footage at CCTV footage shows that I am present there, 2 kms from scene

Kumar: Within 7 minutes it has been shown in the CCTV that the crime has been committed and he is back in the same place. #lakhimpurkheri based on this investigation shows the area and the distance and the CCTV footage. It is our case that he was not even there

Kumar: I am at a place 2 kms, how can I commit a crime and be back on foot in 7 minutes? #lakhimpurkheri Kindly see the recommendations of the judge.

CJI: Making submissions on merits is a bail petition is a double edged sword. You can take the risk if you want.

Kumar: If Supreme Court cancels the bail, no court will touch it.

CJI: If we cancel it , he will never get bail or what?

Kumar: they are saying due to the grant of Ashish Mishra, the possibility of him tampering with witness is more. Its a mere possibility. #lakhimpurkheri in the translation of the FIR filed by the crucial sentences were missing. Why are certain crucial things missing?

Kumar: In the counter case, charge sheet has been filed and supervised by the same judge.. It says, the driver of the vehicle who is killed ultimately was hit by rods and danda. If were to lose control in such a situation and lost control. The court should look into it

Kumar: We are fully cooperating with the investigation

Jethmalani: Our case has been all along that this is a serious offence. We took the lead in the HC, the first informant supported our arguments. The HC took an another view is different. People died by crushing of a vehicle.

Jethmalani: An accident case has facets, Mr. Dave puts his case on a higher footing. Such things can only be sorted out at trial. This cant be a mini trial at this stage. #lakhimpurkheri

Jethmalani: From 10th of Feb, there has been no untoward incident. He is not a flight risk

CJI: Last time, we asked why you did not file an SLP, you said you opposed the bail. You say you are protecting the witnesses, these are not the issues. Such a grave situation, we expect that the state should have acted upon the suggestions made by the Justice Jain.

CJI: We are not forcing you to file an SLP. Make your stand clear.

Jethmalani: It is a grave offence. At this stage the state can’t pre judge the case. The SIT asked us to file an SLP as he will tamper with the witness, we have provided security, so it did not appeal to us

Jethmalani reads from the counter affidavit of State #lakhimpurkheri

Jethmalani: I ask for time at the outset so that we could go contact the witnesses to assess if they are being threatened. We have already asked them telephonically. #lakhimpurkheri

Dave is asked to respond. He reads from the judgment #lakhimpurkheri

Dave: They have not questioned anything in the High Court. @JethmalaniM has overlooked that one of the protected witnesses was attacked.

Dave reads from the FIR

Dave: The State wishes this FIR, there was a threat to kill the witnesses. The state is wishing this away. The State has asking these witnesses if they are safe. Are they asking them whether to file the SLP or not.

Dave: Before the HC, the SIT filed an affidavit. It says the applicant in a vindictive manner hatched a conspiracy. The SIT is very clear that it was a pre meditated conspiracy. The HC confined its judgment to the FIR and not the charge sheet

CJI: We will pass the order.

Judgment reserved